Law:

Section:

(a) West Pakistan Government Servaots (Efficiency and Discipline) Rules, 1960---- R. 2(5)-Misconduct-Executive Engineer doubting genuineness of works for which disputed amount paid by petitioner in his capacity as Sub-Divisional Officer-Petitioner on promotion as Executive Engineer himself clearing such amount placed in Public Works Miscellaneous Advance by his Executive Engineer-Petitioner himself realising have not been competent to pass orders in his own case and therefore pleading before Inquiry Officer to have obtained permission of Superintending Engineer but such assertion not proved by cogent evidence-Petitioner for purposes of such particular item, held, continued to remain a Sub-Divisional Officer, clearance of amount had to be made by another Officer exercising powers of Executive Engineer and petitioner could not pass clearance orders on his own case--Petitioner, held, rightly found guilty of misconduct.-[Civil service]. (b) West Pakistan Government Servants (Efficiency and Discipline) Rules, 1960- 8. 2(5)--Misconduct-Case to be governed by Rules applicable at time when proceedings commenced by service of charge-sheet---Rules as subsequently amended, held, not refund able in circumstances.[Interpretation of statutes]. Bashir Ahmad Ansari, Advocate instructed by Ch. Akhtar Ali, Advocateon-Record for Petitioner. Nemo for Respondent. Date of hearing: 14th June, 1980. ORDER ANWARUL HAQ, C. J.-This petition, under Article 212 of the Constitution, seeks special leave to appeal against an order made by the Punjab Service Tribunal at Lahore on the 21st of November, 1979, by which the service appeal filed by the petitioner against an order of stoppage of two increments with cumulative effect, was dismissed. At the relevant time, the petitioner Abdul Hafiz was serving as SubDivisional Officer, IInd Provincial Building Sub-Division, Rawalpindi. He got certain works executed, and bills amounting to Rs. 43,892,24 were passed for payment in August, 1968, by the then Executive Engineer, and their payment was made in October, 1968. Subsequently another officer took office as an Executive Engineer, Rawalpindi, and he re-opened the transaction as he doubted the…

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